B-117708, DEC 14, 1953

B-117708: Dec 14, 1953

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LESS PERIODS OF LEAVE SHOWN TO HAVE BEEN TAKEN DURING THAT INTERVAL. WERE ISSUED CHANGING THE OFFICER'S STATION FROM NAVAL AIR STATION. CALIFORNIA - DETACHMENT TO BE EFFECTIVE WHEN DIRECTED BY HIS COMMANDING OFFICER - HE WAS HOSPITALIZED AT THE U. STATED THAT HE WAS DISCHARGED FROM TREATMENT ON THAT DATE AND DIRECTED THAT HE REPORT TO THE BUREAU OF NAVAL PERSONNEL "FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT.". IT IS UNDERSTOOD THAT HE IS STILL AT THAT PLACE AND NOW IS BEING CONSIDERED FOR RETIREMENT ON PHYSICAL DISABILITY. FROM THE FOREGOING IT APPEARS THAT THE OFFICER WAS DIRECTED TO LEAVE HIS STATION AND PROCEED TO BETHESDA FOR TREATMENT AT THE NAVAL HOSPITAL THERE. " NO REASON IS PERCEIVED WHY HE IS NOT ENTITLED TO PER DIEM AFTER HE LEFT THAT HOSPITAL AND WHILE PERFORMING TEMPORARY DUTY AWAITING FURTHER ASSIGNMENT.

B-117708, DEC 14, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER T. P. MAGGARD, USN:

BY LETTER OF NOVEMBER 12, 1953, THE JUDGE ADVOCATE GENERAL OF THE NAVY, BY DIRECTION OF THE SECRETARY OF THE NAVY, FORWARDED YOUR LETTER OF OCTOBER 6, 1953, FOR ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, COVERING PER DIEM FOR LIEUTENANT NORMAN EUGENE PENFELD, USN, DURING THE PERIOD APRIL 23 TO SEPTEMBER 18, 1953, LESS PERIODS OF LEAVE SHOWN TO HAVE BEEN TAKEN DURING THAT INTERVAL.

IT APPEARS THAT AFTER PERMANENT CHANGE OF STATION ORDERS OF OCTOBER 6, 1952, WERE ISSUED CHANGING THE OFFICER'S STATION FROM NAVAL AIR STATION, JACKSONVILLE, FLORIDA, TO MONTEREY, CALIFORNIA - DETACHMENT TO BE EFFECTIVE WHEN DIRECTED BY HIS COMMANDING OFFICER - HE WAS HOSPITALIZED AT THE U. S. NAVAL HOSPITAL AT JACKSONVILLE FOR TREATMENT. ORDERS OF JANUARY 2, 1953, FROM THE COMMANDING OFFICER AT SUCH HOSPITAL, DIRECTED HIM TO PROCEED TO U. S. NAVAL HOSPITAL, BETHESDA, MARYLAND, FOR FURTHER TREATMENT. BUREAU OF NAVAL PERSONNEL ORDERS OF JANUARY 21, 1953, CANCELLED THE ORDERS OF OCTOBER 6, 1952, EFFECTED HIS DETACHMENT FROM DUTY AT JACKSONVILLE, AND DIRECTED THAT HE CONTINUE TREATMENT AT THE BETHESDA HOSPITAL. ORDERS FROM THE COMMANDING OFFICER AT THE LATTER HOSPITAL DATED APRIL 23, 1953, STATED THAT HE WAS DISCHARGED FROM TREATMENT ON THAT DATE AND DIRECTED THAT HE REPORT TO THE BUREAU OF NAVAL PERSONNEL "FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT." UNDER DATE OF OCTOBER 2, 1953, SUCH COMMANDING OFFICER STATED THAT IT HAD NOT BEEN ANTICIPATED THAT THE PERIOD OF TREATMENT WOULD BE PROLONGED. APPARENTLY HE REENTERED THE BETHESDA HOSPITAL FOR TREATMENT AGAIN ON SEPTEMBER 19, 1953, AND IT IS UNDERSTOOD THAT HE IS STILL AT THAT PLACE AND NOW IS BEING CONSIDERED FOR RETIREMENT ON PHYSICAL DISABILITY.

FROM THE FOREGOING IT APPEARS THAT THE OFFICER WAS DIRECTED TO LEAVE HIS STATION AND PROCEED TO BETHESDA FOR TREATMENT AT THE NAVAL HOSPITAL THERE. HENCE, HE ENTERED A TRAVEL STATUS AT THAT TIME. THE ORDERS OF JANUARY 21 CANCELLED HIS ORDERS OF OCTOBER 6, 1952, AND DETACHED HIM FROM FURTHER DUTY AT JACKSONVILLE. HOWEVER, THEY DID NOT DESIGNATE A NEW PERMANENT STATION AND HE CONTINUED IN A TRAVEL STATUS UNDER THE ORDERS OF APRIL 23. WHILE PARAGRAPH 4201-5, JOINT TRAVEL REGULATIONS, BARS PAYMENT OF PER DIEM "FOR ANY PERIOD OF TEMPORARY DUTY WHILE A BED PATIENT OR AN IN -PATIENT IN A HOSPITAL SUBSEQUENT TO THE DAY OF ARRIVAL AND PRIOR TO THE DAY OF DEPARTURE," NO REASON IS PERCEIVED WHY HE IS NOT ENTITLED TO PER DIEM AFTER HE LEFT THAT HOSPITAL AND WHILE PERFORMING TEMPORARY DUTY AWAITING FURTHER ASSIGNMENT. COMPARE 27 COMP. GEN. 253.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF IT IS CORRECT IN OTHER RESPECTS.